S T A T E   O F   N E W   Y O R K
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                                   3949
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Local Governments
 
 AN ACT to amend the town law, in relation to the establishment of a park
   district in the town of Onondaga
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 4 of section 198 of the town law, as amended by
 chapter 798 of the laws of 1970, is amended to read as follows:
   4. Park districts. (A) After a park district shall  have  been  estab-
 lished, the town board shall proceed to acquire by purchase or condemna-
 tion of the property described in the petition or in the final order, if
 the town board proceeded under article twelve-A of this chapter, for the
 establishment of such park district, and, thereafter the board may erect
 or  cause  to be erected thereon non-commercial buildings and structures
 and it may purchase necessary equipment and otherwise improve such prop-
 erty for park purposes, as the board may  determine.  In  existing  park
 districts,  the  town  board  may  acquire  by purchase, condemnation or
 lease, property for public parking  places  and  maintain  the  same  in
 accordance  with  the provisions of subdivision five hereof, without the
 establishment of a public parking district. No property situated  within
 an incorporated village or city shall be acquired in any manner for park
 purposes,  unless the permission and consent of the board of trustees of
 such village or the common council or legislative body of such city,  is
 first  obtained;  provided that such permission and consent, if obtained
 subsequent to the acquisition of any such property, shall  be  effective
 for all purposes and to the same extent as though obtained prior to such
 acquisition.  The  town board may sell, convey and transfer any property
 acquired for park purposes at such an amount as it may determine but not
 less than the original cost thereof, and  apply  the  proceeds  of  such
 sale,  conveyance or transfer to the purchase of other property for park
 purposes and improve such property in the manner  provided  herein.  The
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03941-01-5
              

 A. 3949                             2
 
 town board of the town of Oyster Bay may also convey and transfer to the
 state  of New York or to any municipal CORPORATION AS DEFINED IN SECTION
 TWO OF THE GENERAL MUNICIPAL LAW or district corporation as defined [by]
 IN  section  [three  of  the  general corporation law] 2.00 OF THE LOCAL
 FINANCE LAW, any property acquired for park purposes, or any part there-
 of, when no longer needed, either  without  consideration  or  for  such
 consideration  and  upon such terms and conditions as the town board may
 determine and the resolution authorizing  such  conveyance  or  transfer
 shall  be subject to a permissive referendum. The town board of the town
 of Hempstead may lease to the board of cooperative educational services,
 as defined by article forty of the education law, any property  acquired
 for  park  purposes,  or any part thereof, when no longer needed, either
 without consideration or for such consideration and upon such terms  and
 conditions  as  the  town board may determine. The town board may employ
 such persons and expend such amount of money as may be necessary for the
 proper maintenance of such park for the use, convenience  and  enjoyment
 of  the  inhabitants  of such park district, and, may in its discretion,
 grant licenses and privileges for any use of such park and park property
 which contributes thereto.  The town board may fix a  reasonable  charge
 for  the  use  of  such  park  by all persons other than inhabitants and
 taxpayers of such park district, and, in addition, the board  may  adopt
 general  rules  and regulations for the government and protection of the
 park and all property therein, and, for the enforcement thereof, provide
 that the violator of any rule or regulation  relating  to  the  park  or
 property  therein  shall  be  guilty  of  a  misdemeanor  and  shall, on
 conviction, in the county of Nassau  before  a  judge  of  the  district
 court,  and  elsewhere  before  a justice of the peace, be punished by a
 fine not exceeding fifty dollars, or, in  default  of  payment  of  such
 fine, by imprisonment not exceeding thirty days.
   (B)  PURSUANT  TO SECTION ONE HUNDRED NINETY-FOUR OF THIS ARTICLE, THE
 TOWN BOARD OF THE TOWN OF ONONDAGA IS HEREBY AUTHORIZED TO  ESTABLISH  A
 PARK  DISTRICT  IN  SUCH  TOWN BY UTILIZING PROPERTY OWNED BY THE JAMES-
 VILLE-DEWITT CENTRAL SCHOOL DISTRICT. THE TOWN OF ONONDAGA  MAY  ACQUIRE
 USE  OF  THE PROPERTY FROM THE JAMESVILLE-DEWITT CENTRAL SCHOOL DISTRICT
 BY A LEASE AGREEMENT WHICH SHALL BE FOR A MINIMUM PERIOD OF  TEN  YEARS.
 SUCH LEASE MAY PROVIDE FOR CONSECUTIVE FIVE YEAR RENEWALS, NOT TO EXCEED
 AN  AGGREGATE  PERIOD  OF  FIFTY YEARS, SUBJECT TO THE SCHOOL DISTRICT'S
 RIGHT TO TERMINATE THE LEASE PURSUANT TO SUBDIVISION SIX OF SECTION FOUR
 HUNDRED THREE-A OF THE EDUCATION LAW. UPON THE TERMINATION OF THE LEASE,
 THE JAMESVILLE-DEWITT CENTRAL SCHOOL DISTRICT MAY CONTINUE  TO  MAINTAIN
 THE  PROPERTY AS RECREATIONAL PARK LAND OR MAY CEASE TO UTILIZE THE LAND
 FOR PARK PURPOSES.
   § 2. This act shall take effect immediately.